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HomeMy WebLinkAboutC2008-101 - 2/26/2008 - Approved t DEV~LPN~~NT A~~~1V~~NT STATE TEA ~uu~~~~Y [l~' i~EES ' ment A Bement A eernent is made and entered into by and between the its of This Develop r ~ ~ Christi Texas fit a Texas home rule municipality, and Billy '~V. Sanders and Rabble corpus ~ ~ , Develo er 1337 fount Road l8~ corpus hr~sti, Texas 78415, herelr~after handers { p ~ , tivel referred to as the "Parties", u on the premise and for the purposes set out herein, collet ~ ~ and is effective as stated in this Agreement, INTR~DUTI~N A. Develo er is the holder and developer of certain interests in real property in Nueces Jaunty, ~ F Texas which real ro erty {London flub Estates} is further described and depicted on P p Exhibit ~ attached hereto and made a part hereof Landon flub Estates is heated autstde the city lirr~its of the pity, but ~lth~n the lty's extraterritorial jurisdiction, . The Develo er intends to devela London flub Estates as a residential deve~oprnent project B p p ~Pro~ ect} The fit believes that develo went of London lib Estates contributes to the economic Y ~ ~ ~;i;~pn~ent of the pity by providing new housing and employment. The Parties desire to mark together i~] gDOd faith to provide public and private irnpraverr~ents servin the eneral area of the Project for the benefit of the citizens of the pity and g surraun Ong areas. NQ TH~~F~~~ for the mutual assurances set forth herein and goad and valuable consideration, the receipt and cuff ciency of v~hich are hereby mutually ackna~vledged, the Parties agree as falla~vs: ,ART~LE Y IT'S REP~I~~B~LITI~ Section 1.1, anstruction Plans. The pity agrees to allow the Developer, at the Developer's ex erase, to design and build the 1 ~-inch P~ ~V~ter arterial transrr~tsion ar~d grid , main for Landon flub Estates in accordance with construct~an plans and s ecifctians approved by the pity, provided that the 1 ~-inch PAC water arterial p transrnissian and grid main shall be engineered, designed, and constructed to avoid the need to flush the main to maintain v~ater quality, The Parties agree that the approved construction plans and ~peci#`icat~ans may be changed and adjusted b mutual consent and as set Earth hereinafter, or as directed by the City Engineer ~~~~r~~~ ~~1 ~~I handers, Billy . & i~abbie i ' itions in order to meet city code t the fans to actual site coed as necessary to ad~us ~ ' ' ineerit~ construction standards. requ~rerr~ents and eng ~ ` fund an of the various infrastructure undin + The City has no abllat~ons to ~ ecttan 1,2 ~ ~ t, The fit shall collect frarr~ e f,andon Club Estates developmen ~ costs for th re~~nbursernent based on ho connect to paid water line a pro rata persons capacity used; • i acit ' ent ~ Cost of addrt~anal cap y~ Pro Rata Re1rrYbursem ~ , . new develo rr~ent I Total add~t~onal Total demand created bar P ~ ~ ela rnent ' ' 'all ravided by previous dev p ~ capacity origin Y p w ere em installed by f additional ca achy ~ Total cast of s~st Cost o p ~ ~ stern re ulred ' ina~ develo er} ~ ~Estin~ated Cost of intmurn sy q arig p , ' ' elo vent 1 ~-inch ltne~, as approved by to service only original deer p ~ City Engineer} ' rata reirribursetnent collected to Developer B, The C~t~ agrees to pay the pro ' such reimbursement from persons who within sixt ~~0~ days of receipt of connect to said water line, ' hat it will not unreasonably withhold, delay, ar appose ectian ].3~ Perrnit~~ The City agrees t from the r a royals the Developer nay need ar desire ...avers, permits o pp , r F ent of Trans 4rtation, Texas Carrzrniss~on on Cit~r, the Texas Departn~ p . ' Tatar authorit In order to develop tl~e Environmental ual~ty, or any other regu ~ Y , Cit a ees to ~vaave the follow1ng development Pro ect in accordance herewrth~ y ~ a e fees far u~ater and wastev~ater, pro fees with regard to this projects latlacre g , exce t the ro rata fees required hereinf This rata fees for water and wastewater, p P . ' lode an develo rr~ent fees heretofore paid by ar waiver shall not extend to ar Inc Y p ' fees• water ~rastewater ar gas tap fees and ari behalf of Developer, plat recording ' nstruction fees; Qr the half,~treet deferment for surcharge fees, bu~ld~ng or o County Road Z6, ' acce t ow~]erSh~ of and to operate the l b~lnch section 1,4. ~wnershi ~ The Ctty agrees to p p , ' ' nd id main u on construction of the l -inch PVC water arterial transm~ssian a gr p , ' nd 'd main in accordance with the approved PVC water a~ter~al transrriissian a g~ . I ' ations therefore, acceptance of the said 1 ~-inch water arterla plans and specific ' ~ ' the Cit En ineer, and Developer prav~din transn~iss~an and grid main by g ' ee in the farm of cash, cash equivalents, bonds, Letter developer s financial guarani } ial instruments acce table to the city. Said developer s of credit, ar other financ P ' 'll serve as a warranty of the worktnanshtp of and function fnancial guarantee wa ior~ thereof ~~inch PVC water arterial transmission main aril the construct a f the ~ t 10°l0 of the total cost of the ~rnpravements for a In the amount often percen ~ } , , , and aver the date of acceptance of the fac111t~es by the period of one dear from ~ bye ' En inter. Said ~evelo er' Financial guarantee shall be ~n a form accopta City g p ~ he Cat u on e Cit Attarne ,and will be assigned and transferred tot p to th y ~ completion of this pra~ect, i t . 'outside the city limits of the ' co ire and agree that the project Section 1,5, The parties re es to de~e~a and maintain any t does not have the reourc ~ pity and that the y all re uirements to fore natwithstandingony and ~ ark In the develop~nent+ there ~ rid not ~ ~ of ark land is hereby waved a e cantrar ,the requirement of ded~catlon p ~nd th Y ication hereby declared null a An ark shown an any plat or ded requ1red, y ~ ark dedication requiremer~t~ ' e Oit will not seek to enforce any such p void and th y to ro ert , art of the shown on an plat is declared privy p p Y ~ Any such park y third art F it n"~a be transferred by the Developer to any p y developrncnt and y AT~~LE I~ I~EVEL~PER' ~~P~NiB~L~T~E F a ees at the developer's expense, to design ctian ~,1, Canstruct~on Ptans. the Developer gr e ' F rial transmission and grid main for London and build the 1 ~-inch PVC water arse ' traction laps and specif~catians approved Club estates In accordance with can p ' ' ated to re are and suhrnlt canstruct~on plans b the City The Developer i~ obl~g p p Y ~ ` ~ 1 f or the I G~anch v~ater line and a#her and 5 cCl~lCatl~riS far review arld apprava . p the International ~lumbrng Cadc, infrastructure requirements in accordance with ' • S I of the Co us Christi Code and the City of as arriended in Section i4 ~ ' 'water Distribution stern Standards. The Developer agrees to Corpus Christi y ' the cost of the installation. Additionally, Developer provide to qty proof of . ' ' h cOSt estil~]at~5 for the design, COnStru~tl4n, and agrees to provide the City wit F , w ter line and far the roposed I ~~~nch water arterial installation of a I ~~inch a p 'ion and ' d main to serve Landon Iub estates, such estimates are trarlsrrliSS g~`i ' o review and a royal by the City. Upar~ carnpletion of the construction, uh~ect t pP ~ e to rovide the Ctt with the final costs of the I ~ inch P Developer ogre ~ p Y ' issian and rid main and the adjusted cast estirrlate fora 1 - water arterial transm ~ inch water line to serve Landon Club estates. ' ~lotwithstandin an rovisioias in the City's ordinances, rules and Section ~,2~ tom Nance. y p ' e ntrar the Develo er agrees to carriply with all applicable regulat~or~s to th co y, p , ` ces rules and re lotions that are in effect as of the date of this codes, ordinarl , r as amended ar su lemented as a result of this Agreement. with Agreement, o pp re and to the installation of and connection to the water utilities improverrlents, f the International the Developer agrees to comply with ail requirements a ` Cade as arriended in Section 14-~51 of the Corpus Christi Code Plumbing the Cit of Ca us Christi water Distribution System Standards for fire flow. and y ~ Fire thaw shall be calculated based an the ISO classifications as to construction type aril occupancy type. ire Safet Re uirerrients. each fire hydrant serving London flub estates shall Sectian~,3, P rovide fire flow that meets fire protection tandard~ for they type occupancy p rid construction ro osed ursuant to ISO Pere Suppression Rating Schedule as a pP P adopted by the Texas Department aflnsurance. 3 er~~ner a eel for itself, its successors, 1 tewater onnect~on~ Develop ~ wct~on ~,4, was , s~erees and assigns, as follo~s. trap y ' ~ 1or1 lot to ity sewer Wlthln l~ ect the ill rovernents on a ~~Ibdivis , ~.~4,1, to Bonn ~ , ~ stallat~on of wastewater the of the pity s cornpletlon of the ~n iron ~ ' lan and ad' anent to such of the ~ rQVerr~ents w~th~n the subdivts J , ~ ~ F , i uance and roper disabling of the on-site subdivision lots and the dlscont n ~ wastewater treatment systerri cn each lot; rther subdivide the lots within the Developrrient; ~,4.~, to not fu ' fees and surcharge fees at the time of ~.~,3, to pay pro-rata sanitary sewer, tap , , F water' however, DeveloerlDner ~ l~ab~ltty as to connection to pity waste o a ors Develo erlwner's conveyance cf the lot t each lot shall cease up p . , h ' haler rovided that Developerl~wner conditions eac third pay pure p h lot is ' uiren~ent that the subsequent owner of eac conveyance with the red with Develo erJDwner's obligations hereunder, bound to cot~ply p erline reirnburserrient, all terms and conditions of the ectlon ~,5~ have and except for wat , ' water stem standards shall apply, unless directly Platting ~rd~nance, y contradicted by this Agreement, lotlacrea a fees Developer will pay tap fees and ectlan F es~ Developer shall not pay ~ , ' to waive the following development fees with regard surcharge fees. qty agrees ' lcrea a fees for water and wastewater, pro rata fees for water to this project: lot g exce t the ro rata fees required herein, This waiver shall not and wastewatex p p f ' e an develo rnent fees heretofore paid by or on behalf o extend to or includ y p t recordin fees water, wastewater ar gas tap fees and surcharge Developer, pla g ' ction fees or the half-street deferment for Jaunty Read fees, building or constru y ARTICLE III T~~, AINE~IT AND AN~~NDNIENT ' terra of this A eerrient will corrrrnence on the Effective Date has ectian ~,I~ Term, The , . defined below and continue until cor~plct~on of the terms, condzt1ons, covenants, ~ , ' of this A reernent, unless terrriinated on an earlier date under and obligations g . . ' ns of this A reenaent or by written agreerrient of the qty and the other pravtsio g e Effective Date of this ~greerrrent will be the date of felt Developer, Th ' the Parties, This ~ cement will be binding upon and inure to the execution by ' benefit of the Parties and their respective successors and assigns, ' meat ~ A reerr~ent. This A eernent nnay be amended as to all ~r part of section 3 Amend , Iub Estates at an tune ~ mutual written consent of the City and London ~ Y , 1 er or its successors or errrzitted assigns, Amendments and changes ~n Deve op p is construction laps and specifications and to the terms of th the approved p d Qn bchal~ of the qty when the ement ma b~ adrrtintstrat~vely approve ~ Agre ~ urchase and 2~stallat~on of th not increase the cost of the p . change does o b more than Twenty than twentfive percent l~~ or ~ ~rnproverr~er~ts by rr~or Y , d Dollars ~5,~~~}, whichever less, fire Thousan ~ ' of the Developer may be assigned si ent, This Agreement and the rights Section .3. As ondon flub Estates, subject to the an subse cent owner of all or a part1on of I~ to Y ~ onsent will not he unreasonably rior written consent of the pity, which c p ~ in writin will specifically set forth the withheldF Any asignrrlent will be g~ • ' ations and will be executed by the proposed assignee. assigned rights and obltg ' ~ ate with each other as reasonable and ection .4. boo erat1on. The Parties will cooper ent includin but not limited to necessar to carry out the intent of this Agreerr~ g ~ asonabl re aired. the execution of such further documents as may be re ~ q ' land. The Parties agree that this instrument is a Section 3.~. covenant running with the n recorded at Develo er s cast and expense, shall be binding 1n5tI'U.rr1~I~t and ~ ~ a covenant running with the land. A~R~`iL~ I~ ~ELLAN~~ PR~VIY~N ' iven under this A eemer~t must be in writing and may be Section 4~1. Noti~e~ Any nonce g ' n; i b de ositin it in the United Mates mall, certified, with return receipt give ~ ~ Y p g , , sed to the art to be notified and with all charges prepaid; ~~i~ requested, addres p y ' ' `with Federal E ress or another service guaranteeing "next day by depositing tt p , ' "addressed to the art to be notified and with all charges prepaid; delivery , p Y Hall deliverin it to the arty, or any agent of the party listed in this by perso y g ~ nt~ or iv h facsimile with confirming copy sent by one of the other Agreeme ~ } y ` methods of notice set f crth~ ~ottce by United Mates tna~1 will be described effective ~n the earlier of the date of receipt ar three days aver the date of ailin ,Notice iven in an other rrianner will be effective only when received nn g g y es ofnotice the addresses ofthe Parties gill, until changed as provided For purpos , below,be as follows. fit pity of corpus Christi Y` Attn. pity Manager ~~~1 leopard Street P~ Box 977 corpus Christi 7S4b9~9Z?7 with Required dopy ta. pity of corpus Christi Attn: pity Attorney 1 X41 I,eapard street PO Box 9~~7 Corpus Christi T 7849-~~?7 I ~ S ~ , ' .Sanders and Rabble Sanders Billy Developer, aunt Road l S 1337 ~ u~ Christi, Texas 784 S Carp ' aired o to. dal George with Req PY Lai Attorney at Suite 4~7 Neer York Life Building S3S~ South Staples Street o us Christi, Texas 7841 l ' e to an other address within the rtie rna char e their respective addee ~ The Pa ~ , , ' written notice to the ' of America b iving at leapt five ~}days l~n~ted States ~ ~ a ' v~rritten notice to vela er rrla , b giving at leapt five ~5} d ~ , other party. The De p ~ i ' der this ' c additional artier to receive copies of notices un the qty, des gnat ~ ,agreement, ' ~ o~ this A eenaent is illegal, invalid, or 4,~, Severabllit waiver, if any prov~~on i Section laws it i the ~ntentian of the Parties that unenforceable, under present or future . be affected, and, in lieu of each illegal, the rernatnder of this Agreement not , ` vi~loil that ~ rovision be added to this Agreerr~ent .lid, or unenforceable pro p, 1 rceable and ~ s sl~n~lar in terms to the illega , which is legal, valid, and enfo , ' ion as is ossible. Each of the r~ght~ and obligations invalid, or enforceable prove p u on ' to are se crate covenants, Any failure by a party to insist p of the Parties here p . ~ ~ 'll not ' ce b the other arty of any provl~on of this Agreement wz strict perfort~an y ~ , , ~ ~ ch art ` f such rovis~on ar of any other provision, and su p Y be deemed a waiver o p all of the eafter insist u an strict performance of any and rna~r at any tine then p provisions of this Agreement, . ~ The laws of the State of Texas govern the Section 4~3, A livable La~v and 'Venue , , , ' ce enforcement and validity of this Agreement, venue interpretation, perfaran , wilt be a ~f a propr~at~ ~urldlct~ari in Nueces bounty, Texas ' recent contains the entire agreement of the Parties Section 4,4~ Entire Agree~~ This Ag Cher a reet~ents or rarr~ises, oral or written betv~een the Parties and there are no a g p ' tier of this A cement. This Agreement can be amended regarding the subject rria ~ ` cnt si ed b the PartiesF This Agreement supersedes all only by written arcern gn ~ between the Parties concerning the sub~cct matter hereof, other agrcen~ent ' i onstruction and Gaunte arts, All schedules and exhibits cction 4,, exhibits ~eadin s , ' attached to this A cement are Incorporated into and made a part referred to in ar ~ is F all u ayes, The section headings contained in tk~ of this Agreerr~ent far p rp . r convenience onl and do riot enlarge or limit the scope or Agreerr~ent are fa Y ' ' n , The Parties acknowledge that each of them have been n~eantng of the sectio , involved in the ne otiatian o~ this Agreement. Accordingly, acttvel~ and equally g , i n that an atribi ities are to be resolved against the draping the rule of construct o y , . ' to ed in rote retie this Agreement ar any exhibits hereto party will not be e p y g b r ' executed in an number of counterparts, each o~ which This Agreerr~ent t~a~ be Y . ' an on final and all of which will together constitute the will be deemed to he g , an~e instrument This A eernent wi11 beca~o effeeti~re only when one or Mare s counterparts bear the signatures of all the Parties. ' far Execution. The fit certif es, represents, and warrants that the ect~an 4, Author~t ~ c tion of this A een~ent is duI authorized and adapted in conformity with exe u ~ i ardinancest The Deveio er hereb certifies, represents, and warrants that the ~ ty ~ Y cation of this A eernent is dal authorized and adopted ~n cor~forrnity with exe the articles of incorporation and bylaws or partnership agreement. Relationshi of Parties. In erforming this Agreement, both the pity and ect~on 4 P Develo er will act ~n an individual capacity, and not as agents, representatives, p The em to ees errs to ers, partners, joint-venturers, or associates of one anather~ p ~ ~ p Y ein to ees or a eats of either arty may not be, nor be construed to be, the p g p employees ar agents of the other party for any purpose. ection ~~8. survival of terms All re resentations, warranties, covenants and agreements of p the Parties as weld as an rights and benefits of the Parties pertaining to the transaction concern fated hereb ,will survive the ar~g~nal execution date of this A ~ agreement ARTICLE ~ EH~B~T 't`he follawin exhibits are attached to this Agreement, and made part hereof for all purposes g Exhibit A Depiction of London ~iub Estates ~ . , The undrsi ed Parties have executed this Agreement on the dates indica e e ow. ~~~~~~y ITS ~RPU I~RITI dilly w. handers and Rabble handers a Texas t~unici aI co oration 133 bounty Road 1S P ~ corpus Christi, Texas 7415 By4 Date. Date, Approved as to form. ° ~ ~ r ~r ~ c~~ ~ By. !7 ~ //r~ F Date. 'f r J lnlrl~ ~F t S1stallt lty Att~rjley FOr ~tty AttOrTl A~~o C.~~? 1 1 ~T~T~ ~F T~~A § ,TTY ~F ~U~~ . ~ ~ before me on the _ ~ day o h1 to trun~ent was ae~no~vledged , ' na er fit of Corpus ~hr1~t~, Teas for by George ~ Coe, qty Nia g s Y d on alf of said t~un~eipal eorporation~ an Notary Public, State ofTexas ~`4`~f111UiI~,R 1 ~ ~ MY ~OMM1ti0C~ ~~PM~~S ~'~1, k ~lj~j~~lQ~iF,~ ~1 f~~!l11 X14 Y~~ ~i i V~ ed before nee on the ~ day of This znstru~nent gas aelcr~aled 2o~S by Billy , Sanders, , ~ ~A~~Y AI~~ CA~E~ 'r DIY ~DMM~~~~~ E~Pf~~S , ~ A~~I 3, i y Pubiie, tare of Texas STATE TBAS rnr ~IT~ ~F I~UEES § ' eras acknov~led ed before one on the ~ day of T~~s, instrument ~ ~oOS Robbie Sanders, ti,,~1~''P+',~~ , CA~H1' ANA Ck~£l ~ I ~ ; DIY C~MM~~~~hl ~li~lA~S ' # Apr~E 3, ~t ~ r ~ +~~N ar}~ ~ubl~c, tote of Te~cas After recording Return to Billy , Sanders and Robbie Sander 1337 vunt~ Road 1 S onus hriti# Texas 784 ~ 5